Interference No. 103,830 application or patent in which it appears." The above rule was upheld in Rowe v. Dror, 112 F.3d 473, 479 n.2, 42 USPQ2d 1550, 1554 n.2 (Fed. Cir. 1997). We are of the opinion that Hutmacher does not support its claim 23 as required by 35 U.S.C. § 112, first paragraph, when read in light of its specification. At page 15, lines 1 and 2 of its brief, Hutmacher admits that the pursued vehicle of its disclosure is not an element of claim 23. We agree with this admission because the pursued vehicle is disclosed by Hutmacher as the disabled device, not a part of the vehicle disabling device. The only other structure of Hutmacher’s disclosure that could possibly be the positioning means of the claimed vehicle disabling device is the ground or driving surface, and/or a support thereon or therein, over which the pursued vehicle is traveling, and on or in which vehicle disabling apparatus is fixed. However, none of the above road structure acts to provide the function of “placing the vehicle disabling device under the pursued vehicle." The ground or driving surface and any support associated therewith, are completely static or passive, such that they cannot place anything anywhere. We do not regard it reasonable to construe "a positioning means for placing . . ." as covering devices which simply hold the vehicle disabling device stationary in the road. Putting the disabling device in the road and hoping that the pursued vehicle will itself come over the top of the device is not the same as placing the disabling device under the pursued vehicle. The vehicle may never be positioned over the device. The public would not be well-served if Hutmacher were granted claim 23 to an invention he did not make. Nor would the public be well-served by granting Hutmacher a patent with claim 23, intended by Hutmache r to define something other than what it truly says in plain English, and the veiled meaning of which the public could only ascertain by researching the complex prosecution history of its application. - 11 -Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 3, 2007